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Anuario mexicano de derecho internacional
versão impressa ISSN 1870-4654
Resumo
ABELLO-GALVIS, Ricardo e AREVALO-RAMIREZ, Walter. The Immunity of International Organizations and their Officials when they are Nationals of the Host State. Differences with Diplomatic Immunity and Experiences from International and Colombian Case Law. Anu. Mex. Der. Inter [online]. 2021, vol.21, pp.295-337. Epub 21-Jan-2022. ISSN 1870-4654. https://doi.org/10.22201/iij.24487872e.2021.21.15595.
The article analyzes the immunity of international organizations and their staff and officials when they are nationals of the host State, establishing differences with diplomatic immunity. In first place, the article studies the object and purpose of international organizations as a parameter of their immunity. Then, the conventional basis for the immunity of officials of international organizations and its relationship with the privileges granted by the host State. As a third point, the article delves into the main differences between diplomatic immunity and the immunity of international organizations, that uphold the immunity of their officials that are also national of the host State, through international and comparative doctrine and jurisprudence, addressing paradigmatic cases of the reception and defense of such principles before national courts when local authorities and judges have wanted to limit the scope of immunity for organizations and their officials, as has happened in United States, Belgium and Colombia, among others.
Palavras-chave : immunity of international organizations; diplomatic immunity; host State; national officials; functional immunity.